$250,000 Infringement Lawsuit
In May 1932, [[Helen Kane]] filed a $250,000 infringement lawsuit against [[Max Fleischer]] and Paramount Publix Corporation for the "deliberate caricature" that produced "unfair competiti on", exploiting her personality and image. While Kane had risen to fame in the late 1920s as "The Boop-Oop-A-Doop Girl," a star of stage, recordings, and films for Paramount, her career was nearing its end by 1931. Paramount promoted the development of Betty Boop following Kane's decline. The case was brought in New York in 1934. Although Kane's claims seemed to be valid on the surface, it was proven that her appearance was not unique. Both Kane and the Betty Boop character bore resemblance to Paramount top-star [[Clara Bow]]. On April 19, Fleischer testified that Betty Boop purely was a product of the imaginations of himself and detailed by members of his staff. Bonnie Poe,Kate Wright, Margie Hines, and most notably Mae Questel were all summoned to testify. The most significant evidence against Kane's case was her claim as to the uniqueness of her singing style. Testimony revealed that Kane had witnessed an African American performer, [[Baby Esther]], using a similar vocal style in an act at the Cotton Club nightclub in Harlem, some years earlier. An early test sound film was also discovered, which featured Baby Esther performing in this style, disproving Kane's claims. Supreme Court Judge Edward J. McGoldrick ruled: "The plaintiff has failed to sustain either cause of action by proof of sufficient probative force". In his opinion, the "baby" technique of singing did not originate with Kane. In 1923, a plump, impudent artfully infantile young woman named Helen Kane began to appear in vaudeville. In her songs she usually replaced the lyrics with extraordinary noises. Presently her favorite noise, "boop-boop-a-doop," became a recognized word in vaudeville's nonsense language. By 1928, Helen Kane had innumerable imitators. In 1931, there appeared in animated cinema cartoons a character called Betty Boop. Helen Kane grew fatter. Her infantilism grew less appropriate and profitable. Betty Boop remained babyish, alert, and so prosperous that her name has lately become almost as familiar in Manhattan courtrooms as that of Ella Wendel. Last month, Producer Max Fleischer whose firm makes Betty Boop cartoons, distributes them through Paramount, successfully sued a doll manufacturer for imitating Betty Boop. Last week it was Producer Fleischer and Paramount Publix Corp. who were sued by Helen Kane for $250,000 for copying her voice and mannerisms. Justice Edward J. McGoldrick ruled against a jury. Counsel ordered Helen Kane to remove her coat, arrange her hair like Betty Boop. Defendant Fleischer produced three babyfaced young women who do the singing for Betty Boop cartoons. A court anteroom was darkened and three Betty Boop cartoons and one reel of a Helen Kane picture were projected on the wall. After this, Justice McGoldrick ruled that he had had enough, demanded records and music sung by Helen Kane and Betty Boop before he made a decision. Grown fatter but still talking with the voice of an indignant doll, Helen Kane explained her difficulties: "I have become a ghost. Recently in Hollywood when some children ran to open the door of my car they greeted me as Betty Boop. Betty is just one stroke removed from Mickey Mouse." Category:Article stubs